Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from terminating redistribution stockiest agreement - Categorical condition mentioned in the agreement that agreement may be terminated by either party by giving two months written notice even without assigning any reason - Defendant company terminated the agreement by giving..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Indian Contract Act, 1872, Section 23 -- Agreement - If two or more Courts have jurisdiction to adjudicate upon a dispute between parties and by consent both the parties chose one of such Court to decide a dispute between them, then jurisdiction of all other Courts is ousted - Such an agreement is not hit by S.23 of the Act...........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Appellants specifically pleaded that they were in search of office space "for their self employment and to run their business and earn their livelihood" and they entered into an agreement to purchase the same from original allottees - Neither this plea nor statement made on oath recorded by Commission belie the..........
Consumer Protection Act, 1986, Section 23 -- Allotment of commercial space - Cancellation of - Possession of premises was agreed to be delivered within 24 months from the date of agreement which undisputedly had not taken place - Receipt of amount of Rs.51,10,117 not disputed by respondents - Respondents not pleaded that commercial space allotted to appellants is ready for..........
